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HomeMy WebLinkAbout14- Parks, Recreation & Community Services C`TY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: RESOLUTION OF THE CITY OF SAN From: ANNIE F. RAMOS, DIRECTOR BERNARDINO AUTHORIZING THE Dept: PARKS, RECREATION & COMMUNITY SERVICES DIRECTOR OF PARKS, RECREATION p AND COMMUNITY SERVICES DEPARTMENT TO MAKE Date: SEPTEMBER 3, 1997 APPLICATION FOR AND ACCEPT A j HEART SMART GRANT FROM G INA L CALIFORNIA HEALTHY CITIES PROJECT. Synopsis of Previous Council Action: None SEP 8 199t Recommended Motion: Adopt the Resolution. Signature Contact person: John A. Kramer Phone:5031 Supporting data attached: Staff Report, Resolution & Agreement Ward: FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Res 97-d q /o _3 Heart Smart Agenda Item No. /� CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT HEART SMART GRANT FROM CALIFORNIA HEALTHY CITIES PROJECT. On October 16, 1995, the Mayor and Common Council adopted a resolution declaring San Bernardino's participation with the California Healthy Cities Project. The original $5,000 grant awarded to the City was used to develop a neighborhood based disaster preparedness program called SAFE(Survival Actions for Earthquakes). The SAFE Project year ended January 31, 1997. The program was very successful with over 400 residents in fifteen neighborhoods being trained. San Bernardino will be submitting a renewal application with California Healthy Cities Project June 1, for a blight education project for elementary schools. The grant awarded will be $7,500. In the past, other grants have been made available from the California Healthy Cities Project, such as the$22,000 injury prevention grant approved by Mayor and Common Council on March 4, 1996. That grant was used to develop a bicycle safety program. The injury prevention grant period ended on June 30, 1997. More recently, another grant application has been made available to San Bernardino. The California Healthy Cities Project and the Cardiovascular Disease Outreach, Resources and Epidemiology Program are accepting application for an 18 month, $30,000 grant to assist four California cities that have a high rate of heart disease-related deaths. The City of San Bernardino is among the top thirty cities with the highest total heart disease death rates. Because much of the risk associated with heart disease can be reduced by good nutrition and moderate physical activity, a city-based effort could reduce heart disease deaths among residents. The grant requires a partnership and 100% financial match from a non-profit hospital. Loma Linda University Medical Center has agreed to match the funds and assist in developing a program. The proposed program would offer a variety of activities which would promote nutrition and physical fitness to residents and city employees. Potential collaborators include the California Nutrition Network, Better for You Restaurant Program, and the Food on the Run: High School Nutrition Program. The grant will target high-risk residents in the neighborhoods of Mill, Rudy Hernandez, Ruben Campos and Johnson Hall Community Centers, and provide free nutrition seminars and low impact aerobics to help reduce heart disease. The general fund will not be affected, if this grant is approved, as no matching funds are required from the city. The grant would provide necessary funding for staff time from Parks, Recreation and Community Services Department. 9/3/97 tJ8 Heart Smart PURCHASE ORDER SELLER SHALL ACCEPT PAYMENT ONLY BY� NO. 7, 1NIVERSITY OF CALIFORNIA, SAN FRANCISCO UNIVERSITY OF CALIFORNIA CHECK AATERIEL MANAGEMENT DEPARTMENT, PURCHASING ORDER NO.MUST BE MARKED ON EACH DATE 02 FORBES BOULEVARD PACKAGE,SHIPPING RECEIPT,AND INVOICE. 08-1 -97 ;OUTH SAN FRANCISCO,CA 94080 ATTACHED APPENDIX IS A PART A THIS OR R BILL TO CITY OF SAN BERNARDINO University of California - • FINANCE DEPARTMENT Accounting Office, UCSF Box 0812 DEPT ORDER CONTACT 200 110. D STREET San Francisco, CA 94143-0812 NANCY MURRAY EXT SAN BERNARDINO CA 92418 (415)476-2126 BOX-0546 No 6-5w A 6�t n: TERR I LEDOUX DEPT INVOICE CONTACT NANCY MURRAY EXT __ - -- - NO. -GG SHIP TO UNIVERSITY OF CALIFORNIA DELIVERY DATE DEPT.NAME AND BUDGET-CONTRACT NO.(I1 Applicable) CUSTODY COC San Francisco 705381B PER INST FOR HEALTH & AGING MARIANNE HERNANDEZ ... •• �. .;.. ..� �. .;.. ..,. •, -< ..,. •• CALIFORNIA DEPT HEALTH SVCS ••..: .• .•..: . : •.. . . .- .•..t 601 110. 7TH STREET t• ��.t;;;•.a ; .a •�`�1,, SACRAMENTO CA a - Q.O.B. SHIP VU PRICE BY TERMS,- FMM es whe,,M is of goods �wr CALIF OIXSttaale See ES ❑ YES[I BB1OY DESTINATION NA BUDGET NET 30 YNo I] No❑ uw QUANTITY - -µD ES C R I`P T I O.N .: CATALOG NO. UNIT PRICE {' NET PRICE THIS CONTRACT IS MADE BY AND BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, HEREIN REFERRED TO AS UCSF, UNIVERSITY, BUYER, OR INSTITUTE FOR HEALTH & AGING, AND CITY OF SAN BERNARDINO. GENERAL DESCRIPTTON PROVIDE SERVICES IH CONNECTION WITH THE INSTITUTE FOR HEALTH AND AGING "HEART SMART CITIES" - 'TECT. Pr<OJECT CONTACT: MARIANNE HERNANDEZ, MS; 916.324.1330 TIME PERIOD AUGUST 1, 1997 THROUGH JUNE 30, 1998, THE UNIVERSITY AT ITS SOLE OPTION, RESERVES THE RIGHT TO EXTEND THIS CONTRACT FOR AN ADDITIONAL. 12 MONTHS FOR THE CONSIDERATION OF $1.00, TO BE PAID TO THE VENDOR ON THE FIRST INITIAL INVOICE SUBMITTED UNDER THE NEW CONTRACT PERIOD. THE EXTENSION (INCLUDING THE ABOVE CONSIDERATIOIi) !JILL BE AT THE SAME PRICES, TERMS, AND CONDITIONS AS ORIGINALLY STATED. PRICING PERSONNEL COSTS ASST REC MANAGER 5,500.00 BENEFITS 1,925.00 TOTAL FERSOLI1IEL COSTS 11,550.00 OPERATING EY.PEIiSESiGENERAL 1,500.00 OTHER. COSTS. GYM UTILITIES, MAINT. 6,000.00 TOTAL PROJECT COSTS 14,925.00 4o • dons,deletions, price Increase,changes or modifications shall be effective without written approval UNIVERSITY OF CALIFORNIA �f Iversity Purchasing Department. Address all correspondence and acknowledgements pertaining to Me- :his r to the above address. Page 1 of 3 BY BUY/R 4. ELIZABETH BOGARD (415) 502-3025 ^-^, PURCHASE ORDER A LL ACCEPT PAYMENT NO. 705381B JNIVERSITY OF CALIFORNIA, SAN FRANCISCO UNIVERSITY OF CALIFORNIA CHECK MATERIEL MANAGEMENT DEPARTMENT, PURCHASING ORDER NO.MUST BE MARKED ON EACH DATE 312 FORBES BOULEVARD PACKAGE,SHIPPING RECEIPT,AND INVOICE. 08-121-97 SOUTH SAN FRANCISCO,CA 94080 ATTACHED APPENDIX IS A PART A THIS OR[ R BILL TO CITI OF SAIL BERNARDINO University of California •�� FIIIANCE DEPARTMENT Accounting Office, UCSF Box. 0812 DEPT ORDER CONTACT 300 NO. D STREET San Francisco, CA 94143-0812 NANCY MURRAY EXT SAN BERNARDINO CA 92418 (415)476-2125 BOX-0646 NO' 6-5; Attn: TERR I LEDOUX DEPT INVOICE CONTACT NANCY MURRAY EXT No. A-59 SHIP TO UNIVERSITY OF CALIFORNIA DELIVERY DATE DEPT.NAME AND BUDGET-CONTRACT NO.(If Applicable) CUSTODY COC San Francisco 705381B PER INST FOR HEALTH & AGING 14ARIAIINE HERNANDEZ off. �• -c�.. .a .A � -c` .,.► i�L �• -t� t.•► .01. � .t� .. X04. .t�. .;a i..4 .. c�. . CALIFORNIA DEPT HEALTH SVCS ••: ••; s' •< '•: '• '• • ' • "•: 601 N0. 7TH STREET '' �'''` ; % •� SACRAMENTO CA 9 .: ,. .. F-O.B. SHIP Vill, PRICE BY TERMS - From receipt of goods or TAXABLE invoice whichever is later. CALIF cow State see DESTINATION NA BUDGET NET 30 NO E3 YES E] Belo, No ❑ No ❑ "'•. pUANTITY ' D E S C R I P T 1.d N :- .r ." CATALOG NO. UNIT PRICE NET PPJCE PAYMENT INSTRUCTION TO THE VENDOR: THE UNIVERSITY SHALL NOT ACCEPT REQUESTS FOR PAYMENT FOR ORDERS PLACED UNDER THE FOLLOWING CONDITIONS: AFTER THE EXPIRATION DATE OF 30 JUKE 1998 AHICH CAUSE All OVERRUN OF THE INDICATED ESTIMATED AMOUNT OF $14,925.00 INVOICES MUST SHOW PURCHASE ORDER NUMBER, PLAINLY IDENTIFY ALL APPLICABLE DISCOUNTS, BE ITEMIZED AND SUB14ITTED IN DUPLICATE. TO ENSURE PROMPT PAYMENT, INVOICE MUST MATCH THE CONTRACT. SCOPE OF WORK/SERVICES THE CITY OF SAN BERNARDINO WILL INCREASE AWARENESS ABOUT THE PROBLEM OF HEART ^ISEASE IN THEIR CITY THROUGH A COMMUNITY-WIDE EDUCATION CAMPAIGN WHICH WILL INCLUDE LOCAL LEADERS AND TARGETED INTERVENTIONS IN A HIGH RISK NEIGHBORHOOD. THE CITY-6IIDE EDUCATION CAMPAIGN INCLUDES HEART HEALTHY INFORMATION PRINTED IN LOCAL NEWSLETTERS, ON A LOCAL HEALTH TV SHOW, III TV ADS AND IN THE LOCAL NEWSPAPER. EDUCATION FOR LOCAL LEADERS WILL BE CONDUCTED THROUGH PRESENTATIONS, DIRECT MAILINGS, AIID SPECIAL EVENT ANNOUNCEMENTS. LEADERS INCLUDED ARE: CITY COUNCIL, CHAMBER OF COMMERCE, FACULTY A11D ADMINISTRATION OF LOMA LINDA UNIVERSITY, SERVICE CIUBS AND COMMUNITY BASED i ORGANIZATIONS. PROGRAMS ON NUTRITION AND PHYSICAL ACTIVITY WILL RE FOCUSED AT TWO COMMUNITY CENTERS IN LOW INCOME AREAS. ASSESSMENTS 14ILL BE CONDUCTED TO DETERMINE EXACT CONTENT OF THESE PROGRAMS. THE TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT ARE THOSE CONTAINED HEREON AND THOSE CONTAINED III APPENDIX A ONLY. ANY DIFFERENT OR ADDITIONAL TERMS CONTAIHFD I1I SELLER'S PURCHASE ORDER ACKNOWLEDGEMENT, OR OTHER DOCUMENT, ARE UNACCEPTABLE TO THE UNIVFRSITY A`ID ARE HEREBY REJECTED. INNo • 'ations,deletions, price Increase,changes or modifications shall be effective without written approval UNIVERSITY OF CALIFORNIA of ,iversity Purchasing Department. Address all correspondence and acknowledgements pertaining to Me-G-.M-„M.„W„-9 ” thi ,r to the above address. Page 2 of 3 BY BUYER ELIZABFTH BOGARD (415) 502-3025 reY• /JS R1 i PURCHASE ORDER S LER SHALL ACCEPT PAYMENT ONLY BY NO. 705381B UNIVERSITY OF CALIFORNIA, SAN FRANCISCO UNIVERSITY OF CALIFORNIA CHECK MATERIEL MANAGEMENT DEPARTMENT, PURCHASING ORDER NO.MUST BE MARKED ON EACH DATE 612 FORBES BOULEVARD PACKAGE,SNIPPING RECEIPT,AND INVOICE. 08-12-97 SOUTH SAN FRANCISCO,CA 94080 ATTACHED APPENDIX IS A PART 3B THIS oRc .R BILL TO '••��`%� CITY OF SAN BERNARDINO University of California • •.t FINANCE DEPARTMENT Accounting Office, UCSF Box 0812 DEPT ORDER CONTACT 300 Ile. D STREET San Francisco, CA 94143-0812 NANCY MURRAY EXT SAN BERNARDINO CA 92418 (415)476-2126 BOX-0646 No 6-5F Attn: TE RR I LE DOUR DEPT INVOICE CONTACT NANCY MURRAY EXT No. -59 SHIP TO UNIVERSITY OF CALIFORNIA DEUVERY DATE DEPT.NAME AND BUDGET-CONTRACT NO.(If Applicable) CUSTODY COC San Franciscc 705381E PER INST FOR HEALTH 9f AGING MARIANNE HERNANDEZ .•1.�• ,p L. .,.a Ip� r• .[ .,.• �rrti �• .c .,: io1. �• ,p 1. .,. i•1. �• _p L..;. I.1•�. L. ,. CALIFORNIA DEPT HEALTH SVCS .t ; • o*tea. k= "am •. +2�� - '• -+ � 601 NO- 7TH STREET •�••�� 3 SACRAMENTO CA 94 -73 •* � , � � � t F.O.B. SHIP VIA PRICE BY TERMS,- From receipt of goals or CALIF TAXABLE See vrvoice whichever is later. YES❑ YES❑ BI DESTINATION HA BUDGET MET 30 NO 0 NO QUANTITY ". O E S C R I P T 1 O N - CATALOG NO. UNIT PRICE NET PRICE TERMINATION OF ORDER THIS CONTRACT MAY BE TERMINATED BY THE UNIVERSITY FOR CONVENIENCE IN WHOLE OR IN PART AT ANY TIME IN ACCORDANCE WITH THE TERMS OF ARTICLE 4 OF THE ATTACHED APPENDIX. IN THE EVENT OF SUCH TERMINATION, UNIVERSITY AGREES TO PROVIDE SELLER AT LEAST 30 DAYS PRIOR -TTEN NOTICE OF THE EFFECTIVE DATE OF TERMINATION AND THE EXTENT THEREOF. THE EVENT OF TERMINATION FOR CONVENIENCE, SELLER AGREES TO ACCEPT AS THE REASONABLE AMOUNT REFERRED TO III ARTICLE 4 (A) (2) AS LIQUIDATED DAMAGES AND NOT AS A PENALTY THE SUM OF $1.00 FOR SELLER'S LOST PROFITS ON THE UNPERFORMED PORTION OF THIS CONTRACT, PROVIDED COMPF11SATION HEREUNDER SHALL IN NO EVENT EXCEED THE TOTAL ORDER PRICE. IF WITHIN 15 CALENDAR DAYS OF RECEIPT OF WRITTEN NOTICE TO SELLER FROM UNIVERSITY OF SF.LIER'S BREACH OF ANY TERM OR CONDITION OF THIS CONTRACT, SELLER SHALL FAIL TO REMEDY SUCH BREACH„ THEN UNIVERSITY MAY, BY PRIOR WRITTEN NOTICE, TERMINATE THIS CONTRACT III WHOIF OR IN PART AT AMY TI14F I III ADDITION TO OTHER REMEDIES DESCRIBED IN ARTICLE 4, IT SHOULD BE UNDERSTOOD THAT FUTURE CONTRACTS WITH THE UNIVERSITY MAY BE LIMITED OR WITHHELD COMPLETELY, PENDING REESTABLISHMENT OF AN ACCEPTABLE RECORD BY SELLER. I No* 'motions,deletions, price Increase,changes or modifications shall be effective without written approval UNIVERSITY OF of iversity Purchasing Department. Address all correspondence and acknowledgements pertaining to r.�,�ca,r>r.,OF CALIFORNIA CA IF thi. ;r to the above address. Page 3 of 3 BY BUYER ELIZABETH BOGARD 714"100 ® ,.,..n, (415) 502-3025 Appendix A University of California TERIMS AND CONDITIONS OF PURCHASE ARTICLE 1 - The materials, supplies or services covered by this order services covered by this order were obtainable by Seller from other sources shall be furnished by Seller subject to all the terms and conditions set forth in in sufficient time to meet the required performance schedule. this order including the following, which Seller, in accepting this order, C. If University determines that Seller has been delayed in the work due to agrees to be bound by and to comply with in all particulars and no other causes beyond the control and without the fault or negligence of Sells, terms or conditions shall be binding upon the parties unless hereafter University may extend the time for completion of the work called for by this accepted by them in writing. Written acceptance or shipment of all or any order,when promptly applied for in writing by Seller;any extension granted portion of the materials or supplies,or the performance of all or any portion shall be effective only if given in writing. If such delay is due to failure of of the services,covered by this order shall constitute unqualified acceptance University, not caused or contributed to by Seller, to perform services or of all its terms and conditions. The terms of any proposal referred to in this deliver property in accordance with the terms of the order, the time and order are included and made a pan of the order only to the extent it specifies price of the order shall be subject to change under the Changes Article. Sole the materials, supplies, or services ordered, the price therefor, and the remedy of Seller in event of delay by failure of University to perform shall, delivery thereof, and then only to the extent that such terms are consistent however,be limited to any money actually and necessarily expended in the with the terms and conditions of this order. work during the period of delay, solely by reason of the delay. No allowance will be made for anticipated profits.. ARTICLE 2 - INSPECTION. The services, materials and supplies D. The rights and remedies of University provided in this Article shall not furnished shall be exactly as specified in this order free from all defects in be exclusive and are in addition to any other rights and remedies provided by Seller's performance, design, workmanship and materials, and, except as law or under this order. otherwise provided in this order,shall be subject to inspection and test by E. As used in this Article, the word -Seller" includes Seller and its University at all times and places. If,prior to final acceptance,any services subsuppliers at any tier. and any materials and supplies furnished therewith are found lobe incomplete,or not as specified,University may reject them,require Seller to ARTICLE 5 LIABILITY FOR UNIVERSITY - FURNISHED correct them without charge,or require delivery of such materials,supplies, PROPERTY. Seller assumes complete liability for any tooling, articles or or services at a reduction in price which is equitable under the material furnished by University to Seller in connection with this order and circumstances. If Seller is unable or refuses to correct such items within a Seller agrees to pay for all such tooling, articles or material damaged or time deemed reasonable by University, University may terminate the order spoiled by it or not otherwise accounted for to University's satisfaction. The in whole or in pan. Seller shall bear all risks as to rejected services and,in furnishing to Seller of any tooling,articles,or material in connection with this addition to any costs for which Seller may become liable to University under order shall not,unless otherwise expressly provided,be construed to vest title other provisions of this order, shall reimburse University for all thereto in Seller. transportation costs, other related costs incurred, or payments to Seller in accordance with the terms of this order for unaccepted services and ARTICLE 6 - TITLE. Title to the material and supplies purchased materials and supplies incidental thereto. Notwithstanding final acceptance hereunder shall pass directly from Seller to University at the f.o.b. point and payment, Seller shall be liable for latent defects, fraud or such gross shown, or as otherwise specified in this order, subject to the right of mistakes as amount to fraud. University to reject upon inspection. ARTICLE 3 - CHANGES. University may make changes within the ARTICLE 7- PAYMENT,EXTRA CHARGES,DRAFTS. Seller shall general scope of this order in drawings and specifications for specially be paid,upon submission of acceptable invoices,for materials and supplies manufactured supplies,place of delivery, method of shipment or packing of delivered and accepted or services rendered and accepted. university will he order by giving notice to Seller and subsequently confirming such not pay cartage,shipping,packaging or boxing expenses,unless specified in changes in writing. If such changes affect the cost of or the time required this order. Drafts will not be honored. Invoices must be accompanied by for performance of this order, an equitable adjustment in the price or shipping documents or photocopies of such.if transportation is payable and delivery or both shall be made. No change by Seller shall be allowed charged as a separate item. without written approval of University. Any claim of Seller for an adjustment under this Article must be made in writing within thirty(30)days ARTICLE 8-CHARACTER OF SERVICES. Seller,as an independent from the date of receipt by Seller of notification of such change unless contractor,shall furnish all equipment,personnel and material sufficient to University waives this condition in writing. Nothing in this Article shall provide the services expeditiously and efficiently during as many hours per excuse Seller from proceeding with performance of the order as changed shift and shifts per week and at such locations as the University may so hereunder. require and designate. ARTICLE 4-TERMINATION ARTICLE 9-INDEMNITY. A. University may,by written notice stating the extent and effective date, A. General. Seller shall defend, indemnify, and hold harmless cancel and/or terminate this order for convenience in whole or in part, at University,its officers,employees,and agents,from and against all losses, any time. University shall pay Seller as full compensation for performance expenses (including attorneys' fees), damages, and liabilities of any kind until such termination: resulting from or arising out of this agreement and/or Seller's performance (1) the unit or pro rata order price for the performed and accepted portion; hereunder,provided such losses, expenses, damages and liabilities are due or claimed to be due to the negligent or willful acts or omissions of Seller,its and (2) a reasonable amount, not otherwise recoverable from other sources by officers,employees, agents.subcontractors, or at directly t indirectly Seller as approved by University, with respect to the unperformed or employed by them, or any person or persons under Seller's direction and unaccepted portion of this order,provided compensation hereunder shall in control. no event exceed the total order price. B. Proprietary Rights. Seller shall indemnify,defend,and hold harmless B. University may by written notice terminal: this order for Seller's University, its officers, agents, and employees against all losses,damages, default, in whole or in pan,at any time, if Seller refuses or fails to comply liabilities, costs, and expenses (including but not limited to attorneys'fees) with the provisions of this order,or so fails to make progress as to endanger resulting from any judgment or proceeding in which it is determined,or any performance and does not cure such failure within a reasonable period of settlement agreement arising out of the allegation,that Seller's furnishing or Lime,or fails to perform the services within the time specified or any written supplying University with parts,goods,components,programs,practices,or extension thereof. In such event, University may purchase or otherwise methods under this order or University's use of such parts, goods, secure services and, except as otherwise provided herein, Seller shall be components,programs, practices, or methods supplied by Seiler under this liable to University for any excess costs occasioned University thereby. order constitutes an infringement of any patent,copyright,trademark.trade If, after notice of termination for default, University determines that the name, trade secret, or other proprietary or contractual right of any third not apply unless University has informed Seller as order was due to party. The foregoing shall pp y Y Seller was not in default or that the failure to perform this causes beyond the control and without the fault or negligence of Seller soon as practicable of the suit or action alleging such infringement. Seller (including, but not restricted to,acts of God or of the public enemy,aces of shall not settle such suit or action without the consent of University. in the defense against any such star quarantine University retains the right to participate g University, acts of Government, fires, floods, epidemics, quay Y restrictions,strikes,freight embargoes,unusually severe weather,and delays or action. of a subcontractor or supplier due to such causes and without the fault or C. Products. Seller shall fully indemnify, defend, and hold harmless negligence of the subcontractor or supplier).termination shall be deemed for University from and against any and all claim,action,and liability,for injury, the convenience of University, unless University shall determine that the death, and property damage, arising out of the dispensing or use of any of Seller's product provided under authorized University orders. In addition to Rev. 11/93 Page 1 of 3 Appendix A the liability imposed by law on the Seller for damage or injury (including and from all laborers', materialmen's and mechanics' liens upon the real '-ath) to persons or property by reason of the negligence, willful acts or property upon which the work is located or any other property of University; issions, or strict liability of the Seller or his agents, which liability is not (2) Promptly notify University in writing, of any such claims, demands, paired or otherwise affected hereby, the Seller hereby assumes liability causes of action, or suits brought to its attention. Seller shall forward with nor and agrees to save University harmless and indemnify it from every such notification copies of all pertinent papers received by Seller with expense, liability or payment by reason of any damage or injury (including respect to any such claims, demands, causes of action or suits and, at the death) to persons or property suffered or claimed to have been suffered request of University shall do all things and execute and deliver all through any act or omission of the Seller. appropriate documents and assignments in favor of University of all Seller's The University agrees to provide Seller with prompt notice of any such rights and claims growing out of such asserted claims as will enable claims and to permit Seller to defend any claim or suit, and that it will University to protect its interest by litigation or otherwise. cooperate fully in such defense. The final payment shall not be made until Seller,if required,shall deliver to University a complete release of all liens arising out of this order, or ARTICLE 10- DECLARED VALUATION OF SHIPMENTS. Except receipts in full in lieu thereof, as University may require, and if required in as otherwise provided on the face of this order, all shipments by Seller under either case, an affidavit that as far as it has knowledge or information, the this order for University's account shall be made at the maximum declared receipts include all the labor and materials for which a lien could be filed; value applicable to the lowest transportation rate or classification and the bill but Seller may,if any subcontractor refuses to furnish a release or receipt in of lading shall so note. full, furnish a bond satisfactory to University to indemnify it against any claim by Gen or otherwise. If any lien or claim remains unsatisfied after all ARTICLE 11 -WARRANTY. Seller agrees that the supplies or services payments are made,Seller shall refund to University all monies that the latter furnished under this order shall be covered by the most favorable may be compelled to pay in discharging such lien or claim,including all costs commercial warranties the Seller gives to any customer for the same or and reasonable attorneys'fees. substantially similar supplies or services, or such other more favorable B. Cleaning Up. Seller shall at all times keep University premises where warranties as specified in this order. The rights and remedies so provided the work is performed and adjoining premises free from accumulations of are in addition to and do not limit any rights afforded to University by any waste material or rubbish caused by its employees or work of any of its other article of this order. Such warranties will be effective notwithstanding subcontractors,and,at the completion of the work;shall remove all rubbish prior inspection and/or acceptance of the services or supplies by the from and about the building and all its and its subcontractors' tools, University. scaffolding,and surplus materials,and shall leave the work"broom clean"or its equivalent, unless more exactly specified. In case of dispute between ARTICLE 12- ASSIGNMENT AND SUBCONTRACTING. This order Seller and the subcontractors employed on or about the structure or is assignable by University. Except as to any payment due hereunder,this structures upon which the work is to be done, as herein provided, as to order may not be assigned or subcontracted by Seller without written responsibility for the removal of the rubbish, or in case the same be not approval of University. In case such consent is given, it shall not relieve promptly removed as herein required, University may remove the rubbish Seller from any of the obligations of this Agreement and any transferee or and charge the cost to Seller. subcontractor shall be considered the agent of Seller and, as between the C. Employees. Seller shall not employ on the work any unfit person or parties hereto, Seller shall be and remain liable as if no such transfer or anyone not skilled in the work assigned to him or her,and shall devote only subcontracting had been made. its best-qualified personnel to work under this order. Should University deem anyone employed on the work incompetent or unfit for his or her ARTICLE 13 - EQUAL OPPORTUNITY AFFIRMATIVE ACTION. duties and so inform Seller, Seller shall immediately remove such person Seller shall not maintain or provide racially segregated facilities for from work under this order and he or she shall not again, without written ' -nployees at any establishment under its control. Seller agrees to adhere to permission of University,be assigned to work under this order. e requirements set forth in Executive Orders 11246 and 11375, and with It is understood that if employees of University shall perform any acts for .cspect to activities occurring in the State of California,to the California Fair the purpose of discharging the responsibility undertaken by the Seller in this Employment and Housing Act (Government Code section 12900 et seq.). Article 15,whether requested to perform such acts by the Seller or not,such Expressly,Seller shall not discriminate against any employee or applicant for employees of the University while performing such acts shall be considered employment because of race, color, religion, sex, national origin, ancestry, the agents and servants of the Seller subject to the exclusive control of the medical condition (as defined by California Code section 12925Q), marital Seller. status,age,physical and mental handicap in regard to any position for which D. Safety, Health and Fire Protection. Seller shall take all reasonable the employee or applicant for employment is qualified,or because he or she precautions in the performance of the work under this order to protect the is a disabled veteran or veteran of the Vietnam era. Seller shall further health and safety of employees and members of the public and to minimize specifically undertake affirmative action regarding the hiring,promotion and danger from all hazards to life and property, and shall comply with all treatment of minority group persons,women, the handicapped,and disabled health, safety, and fire protection regulations and requirements (including veterans and veterans of the Vietnam era. Seller shall communicate this reporting requirements) of University. In the event that Seller fails to policy in both English and Spanish to all persons concerned within its comply with said regulations or requirements of University,University may, company, with outside recruiting services, and the minority community at without prejudice to any other legal or contractual rights of University,issue large. Seller shall provide the University on request a breakdown of its labor an order stopping all or any part of the work; thereafter a start order for force by groups, specifying the above characteristics within job categories, resumption of work may be issued at the discretion of the University. Seller and shall discuss with the University its policies and practices relating to its shall make no claim for extension of time or for compensation or damages affirmative action programs. by reason of or in connection with such work stoppage. The safety of all persons employed by Seller and its subcontractors on ARTICLE 14-The clauses contained in the following paragraphs of the University premises, or any other person who enters upon University Federal Acquisition Regulations arc incorporated by reference. The full text premises for reasons relating to this order,shall be the sole responsibility of is available upon request: Seller. Seller shall at all times maintain good order among its employees and FAR 52.222-04 Contract Work Hours and Safety Standards Act shall not employ on the work any unfit person or anyone not skilled in the FAR 52.222-26 Equal Opportunity work assigned to him or her. Seller shall confine its employers and all other FAR 52.223-02 dean Air and Water(If order exceeds 5100,000) persons who come onto University's premises at Seller's request or for reasons relating to this order and its equipment to that portion of University's ARTICLE 15 - WORK ON UNIVERSITY OR GOVERNMENT premises where the work under this order is to be performed or to roads PREMISES. If Seller's work under this order involves performance by Seller leading to and from such work situ, and to any other area which University at University or United States Government owned sites or facilities, the may permit Seller to use. following provisions shall apply: Seller shall take all reasonable measures and precautions at all times to A. Liens. Seller agrees that at any time upon request of University he prevent injuries to or the death of any of its employees or any other person will submit a sworn statement setting forth the work performed or material who enters upon University premises. Such measures and precautions shall furnished by subcontractors,suppliers and materialmen,and the amount due include,but shall not be lirnited to, all safeguards and warnings necessary to and to become due to each, and that before the final payment called for protect workers and others against any conditions on Owner's premises hereunder,will if requested,submit to University a complete set of vouchers which could be dangerous and to prevent accidents of any kind whenever showing what payments have been made for materials and labor used in work is being performed in proximity to any moving or operating machinery, connection with the work called for hereunder. equipment or facilities, whether such machinery,equipment or facilities are Seller shall: the property of or are being operated by, the Seller, its subcontractors, the (1) Indemnify and hold harmless University from all claims, demands, University or other persons. _auses of action or suits, of whatever nature, arising out of the services, To the extent compliance is required, Seller shall comply with all labor and materials furnished by Seller or its subcontractors tinder this order. University safety rules and regulations when on University premises. Rev. 11193 Page 2 of 3 Appendix A state or local law, ordinance, rule or regulations shall be deemed to be ARTICLE 16-INSURANCE incorporated herein. Seller shall at its expense obtain, keep in force and maintain insurance to cover its performance under this order as follows ARTICLE 22- GOVERNING LAW. The law of the State of California A. Comprehensive or Commercial Form General Liability Insurance shall control this Appendix and any document to which it is appended. (Contractual Liability Included) Minimum Limits: Each Occurrence S N/A Products/Completed Operations S N/A (NO INSURANCE REQUIRED) If the above insurance is written on a claims made form,it shall continue for dim years following termination of this agreement. The insurance shall have a retroactive date of placement prior to or coinciding with the effective date of this agreement. B. Business Automobile Liability: (Owned, Scheduled. Non-Owned, or Hired Automobiles)with a combined single limit of no less than S N/A per occurrence. C. Professional Medical and Hospital Liability Insurance with limits of: S N/A per occurrence. S N/A General Aggregate. If the above insurance is written on a claims made form.it shall continue for three years following termination of this agreement. The insurance shall have a retroactive date of placement prior to or coinciding with the effective date of this agreement. Coverage shall include endorsements to the insurance policies for Contractual Liability Coverage and Defense and Indemnification of University by Seller. D. Workers'Compensation as required under California State law. Seller,upon the execution of this agreement shall furnish University with Certificates of Insurance evidencing compliance with all requirements. Coverages referred to under A.. B.,and C.above shall include The Regents of the University of California as an additional insured,but only with respect to the negligent acts or ornissions of Seller,its officers,agents, employees. subcontractors or anyone directly or indirectly employed by them, or any other person or persons under its direction and control. The Certificates of Insurance shall obligate Sellers insurers to notify University at least thirty (30)days prior to cancellation of or change in any of said insurance. ARTICLE 17- PERMITS. Seller agrees to procure all necessary permits or licenses and abide by all applicable laws, regulations and ordinances of the United States and of the state,territory and political subdivision in which the work under this order is performed. Seller shall be liable for all damages and shall indemnify and save University harmless from and against all damages and liability which may arise out of failure of Seller to secure and pay for any such licenses or permits or to comply fully with any and all applicable laws,ordinances and regulations. ARTICLE 18- COOPERATION. Seller and its subcontractors, if any, shall cooperate with University and other vendors and contractors on the premises and shall so carry on their work that other cooperating vendors and contractors shall not be hindered, delayed or interfered with in the progress of their work,and so that all of such work shall be a finished and complete job of its kind. ARTICLE 19 - WAIVER OF DEFAULT. Any failure of University at any time, or from time to time, to enforce or require the strict keeping and performance by Seller of any of the terms or conditions of this order shall not consutute a waiver by University of a breach of any such terms or conditions and shall not affect or impair such terms or conditions in any way, or the right of University at any time to avail itself of such remedies as it may have for any such breach or breaches of such terms or conditions. ARTICLE 20 - TAXES. Seller shall pay all contributions, taxes and premiums payable under federal, state and local laws measured upon the payroll of employees engaged in the performance of work under this order. and all applicable sales, use, excise, transportation, privilege, occupational and other taxes applicable to materials and supplies furnished or work performed hereunder and shall save University harmless from liability for any such contributions,premiums,and taxes. ARTICLE 21 -OTHER APPLICABLE LAWS. Any provision required to be included in a contract of this type by any applicable and valid federal. Rey. 11193 Page 3 of 3